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Nov 14 2008

Kokila Kumari Moharana and Four ors. Vs. Gopala Panda

Court: Orissa

Decided on: Nov-14-2008

Reported in: 2009(I)OLR206

dated 17.10.2006 passed by the learned Addl. Civil Judge (Junior Division), Ranpur in Title Suit No. 14 of 2002 allowing the petition filed by the defendant under Order 7, Rule 11 of the Civil Procedure Code for … any chance to the plaintiffs or calling upon them to pay the proper Court fees as determined by it.3. Order 7, Rule 11 of the Civil Procedure Code provides for dismissal of a suit and empowers the Court to


Aug 05 2003

Balu @ Madhavrao Shankarrao Ghorpade (Since Deceased by His L/Rs. Ajay ...

Court: Mumbai

Decided on: Aug-05-2003

Reported in: 2003(4)ALLMR445; 2004(1)BomCR77; 2004(1)MhLj323

.9. In order to appreciate the rival contentions it is necessary to read Order XVII Rules 2 & 3.'Order 17 Rule 2. Procedure if parties fails to appear on day fixed-Where, on any day to which the … Rama Rao and Ors. v. Shantibai and Ors., : AIR1977MP222 & Rinoo Meshram v. Prabhakar Vyawahare, 1980 M.L.J. 784.8. On the other hand Mr. Bandiwadekar, learned counsel appearing for the respondents, contended that the judgments cited by


Sep 30 1959

All India Reporter Ltd. and anr. Vs. Ramchandra Dhondo Datar

Court: Mumbai

Decided on: Sep-30-1959

Reported in: AIR1961Bom292; (1960)62BOMLR251; ILR1961Bom257

1; Order 6, R. 14; Order 6, R. 15; Order 3, R. 1; Order 3, R. 2 and Order 7, R. 11.O- 4 R. 1 : '(1) Every suit shall be instituted by presenting a plaint to the … other person proved to the satisfaction of the Court to be acquainted with the facts of the case.' (2) .....(3) ..... Order 3, R. 1:-- 'Any appearance, application or act in or to any Court, required or au


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Nov 07 2006

The Jay Engineering Works Ltd. Vs. Sh. Ramesh Aggarwal

Court: Delhi

Decided on: Nov-07-2006

Reported in: LC2007(1)58; 2006(33)PTC561(Del)

being sold in Delhi, but are being exported from Hyderabad to Dubai.16. The provisions of Order II Rule 3 CPC envisage that more than one cause of action can be joined in one suit, the caveat being … the old Act, i.e., the Trade & Merchandise Act, 1958. In para 7 at page 112 of the Report, the learned Single Judge held as … under Order VII Rule 11 of the Code of Civil Procedure and the second as one under Section 21 of the Code, de hors their garb both applications are under Order VII Rule 10 of the Code


Oct 14 1997

Seela Venkata Subbaiah Vs. Jinka Muni Swamy and anr.

Court: Andhra Pradesh

Decided on: Oct-14-1997

Reported in: 1997(6)ALT654

the Court shall, after reading the plaint and the written statements, if any, and after examination under Rule 2 of Order X and after hearing the parties or their Pleaders, ascertain upon what material propositions of fact … Petition is directed against the order passed by the Sub- ordinate Judge, Proddatur in SR. No. 4809/95 dated 7-11-1995, rejecting the plaint of the plaintiff/ petitioner as barred by limitation.2. An office objection was taken that the


Dec 10 1919

Chandmull Goneshmull Vs. Dhanraj Ganpatroy

Court: Kolkata

Decided on: Dec-10-1919

Reported in: 56Ind.Cas.457

must give inspection and produce either the original or a copy when the plaint is presented, of the 2nd neither production at the time of presentation of the plaint is required nor delivery of the document or … in the list. Reliance is placed by the defendant on Ram Dyal Saligram v. Nurhurry Balkrishna 18 B. 368 : 9 Ind. Dec. (N.S.) 753 which is a decision in his favour. In that case reliance is … Greaves, J.1. This is an application by the defendant for an order that the plaintiff firm do give inspection of the documents mentioned in … Saligram v. Nurhurry Balkrishna 18 B. 368 : 9 Ind. Dec. (N.S.) 753 which is a decision in his favour. In that case reliance is


Feb 09 1923

Maharajah of Jeypore Vs. Sri Rajah Gangaraju Bahadur and Eight ors.

Court: Mumbai

Decided on: Feb-09-1923

Reported in: (1923)ILR46Bom726

& 6 Geo. V.C. 61) and is exerciseable thereunder subject to fulfilment of two conditions that (1900) I.L.B., 23 Mad., 329, the Court from which the transfer is made is subject to the High Court's appellate jurisdiction, … might have existed under the old rules as disclosed by Maharajah of Jeypore v. Papayyamma I.L.R. (1900) Mad., 329 (see especially Benson, J.'s, judgment) the present rules clearly give the power to transfer. Maharajah of Jeypore v. … appointment of a receiver; and the petitioner before us appealed against that order of dismissal to the Agency Commissioner. The Commissioner, on the ground that


Apr 20 2005

Thanamki Prasad Vs. Guntamadugu Puliamma and ors.

Court: Andhra Pradesh

Decided on: Apr-20-2005

Reported in: 2005(4)ALD247; 2005(4)ALT119

ORDERV.V.S. Rao, J.1. The petitioner is the plaintiff in an unnumbered suit being C.F. No. 3402 of 2004. The said suit was presented to the Court of the District Judge, Nellore. By an order dated 19-11-2004, … ORDERV.V.S. Rao, J.1. The petitioner is the plaintiff in an unnumbered suit being C.F. No. 3402 of 2004. The said suit was presented to the Court of the District Judge, Nellore. By an order … conduct a roving enquiry to trace the title of the vendors.3. Order VII Rule 11 of Code of Civil Procedure, 1908 (CPC) enables the Court


Jan 28 2011

Dr.Madina Balakrishna Vs. B.Suryam and Another

Court: Andhra Pradesh

Decided on: Jan-28-2011

of 1997 on the file of the Senior Civil Judge, Sompeta, from the decree holders/plaintiffs, instituted E.P.No.7 of 2009 before the said Court seeking execution of the eviction decree dated 02.02.2000 passed therein. On 30.04.2009, the executing … E.P.No.7 of 2009 before the said Court seeking execution of the eviction decree dated 02.02.2000 passed therein. On 30.04.2009, the executing Court issued a warrant of execution by delivery of the scheduled property and posted the matter … Court, Palasa, the first respondent, is alleged to have wilfully disobeyed the order of this Court along with a litigant, the second respondent.2. The second


Apr 22 2008

Jagdish Saran Vs. Ixth Addl. District Judge and ors.

Court: Allahabad

Decided on: Apr-22-2008

Reported in: 2008(3)AWC2592

satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit.(2) ...(3) ...Order XXI Rule 2. 'Payment out of Court to decree-holder.-(1) Where any money payable under a decree of … of caution sounded by the Supreme Court in Ravinder Kaur v. Ashok Kumar and Anr. 2003 AIR SCW 7158:Courts of law should be careful enough to see through such diabolical plans of the judgment-debtors to deny the


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